Irish Nationality and Citizenship Act 1956


Number 26 of 1956


IRISH NATIONALITY AND CITIZENSHIP ACT 1956

REVISED

Updated to 10 August 2021


This Revised Act is an administrative consolidation of the Irish Nationality and Citizenship Act 1956. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (Restrictions upon Travel to the State from Certain States) (No. 5) (Amendment) (No. 3) Regulations 2021 (S.I. No. 420 of 2021), made 10 August 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 26 of1956


IRISH NATIONALITY AND CITIZENSHIP ACT 1956

REVISED

Updated to 10 August 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Irish Nationality and Citizenship Acts 1956 to 2004 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Irish Nationality and Citizenship Act 2004 (38/2004), s. 16(2)). The Acts in this group are:

Irish Nationality and Citizenship Act 1956 (26/1956)

Irish Nationality and Citizenship Act 1986 (23/1986)

Irish Nationality and Citizenship Act 1994 (9/1994)

Irish Nationality and Citizenship Act 2001 (15/2001)

Irish Nationality and Citizenship Act 2004 (38/2004)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Diplomatic Relations (Miscellaneous Provisions) Act 2017 (33/2017)

Gender Recognition Act 2015 (25/2015)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

Adoption Act 2010 (21/2010)

Irish Nationality and Citizenship Act 2004 (38/2004)

Immigration Act 2004 (1/2004)

Irish Nationality and Citizenship Act 2001 (15/2001)

Irish Nationality and Citizenship Act 1994 (9/1994)

Status of Children Act 1987 (26/1987)

Irish Nationality and Citizenship Act 1986 (23/1986)

All Acts up to and including Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 10 August 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Gender Recognition of Foreign Births Regulations 2017 (S.I. No. 539 of 2017)

Foreign Births Regulations 2013 (S.I. No. 47 of 2013)

Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Irish Nationality and Citizenship (Amendment) Regulations 2011 (S.I. No. 284 of 2011)

Foreign Births (Amendment) Regulations 2009 (S.I. No. 408 of 2009)

Irish Nationality and Citizenship (Fees) Regulations 2008 (S.I. No. 294 of 2008)

Irish Nationality and Citizenship Regulations 2005 (S.I. No. 1 of 2005)

Irish Nationality and Citizenship Regulations 2002 (S.I. No. 567 of 2002)

Irish Nationality and Citizenship (Declaration of Citizenship) Regulations 2002 (S.I. No. 196 of 2002)

Irish Nationality and Citizenship (Fees) Regulations 1996 (S.I. No. 291 of 1996)

Foreign Births (Amendment) Regulations 1994 (S.I. No. 155 of 1994)

Irish Nationality and Citizenship (Fees) Regulations 1993 (S.I. No. 89 of 1993)

Foreign Births (Amendment) Regulations 1988 (S.I. No. 341 of 1988)

Irish Nationality and Citizenship Regulations 1987 (S.I. No. 148 of 1987)

Irish Nationality and Citizenship Regulations 1986 (S.I. No. 261 of 1986)

Irish Nationality and Citizenship (Fees) Regulations 1986 (S.I. No. 260 of 1986)

Foreign Births (Amendment) Regulations 1985 (S.I. No. 363 of 1985)

Irish Nationality and Citizenship (Fees) Regulations 1983 (S.I. No. 279 of 1983)

Foreign Births (Amendment) Regulations 1981 (S.I. No. 259 of 1981)

Irish Nationality and Citizenship (Fees) Regulations 1980 (S.I. No. 137 of 1980)

Foreign Births (Amendment) Regulations 1980 (S.I. No. 94 of 1980)

Foreign Births (Amendment) Regulations 1976 (S.I. No. 273 of 1976)

Foreign Births (Amendment) Regulations 1974 (S.I. No. 349 of 1974)

Foreign Births Regulations 1956 (S.I. No. 224 of 1956)

Irish Nationality and Citizenship Regulations 1956 (S.I. No. 216 of 1956)

All statutory instruments up to and including Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (Restrictions upon Travel to the State from Certain States) (No. 5) (Amendment) (No. 3) Regulations 2021 (S.I. No. 420 of 2021), made 10 August 2021, were considered in the preparation of this revision.

Court decisions which affect or previously affected this revision

Damache v The Minister for Justice and Equality, Ireland and the Attorney General [2020] SCt. 14 October 2020, Dunne J.

Damache v The Minister for Justice and Equality, Ireland and the Attorney General [2021] IESC 6, 10 February 2021, Dunne J.


Number 26 of 1956.


IRISH NATIONALITY AND CITIZENSHIP ACT 1956

REVISED

Updated to 10 August 2021


ARRANGEMENT OF SECTIONS

Part I.

PRELIMINARY.

Section

1.

Short title.

2.

Definitions.

3.

Regulations.

4.

Expenses.

5.

Repeals and saving for existing citizenship.

Part II.

CITIZENSHIP.

6.

Citizenship by birth in the island of Ireland.

6A.

Entitlement to Irish citizenship of persons born to certain non-nationals.

6B.

Residence in the island of Ireland for the purposes of section 6A.

7.

Citizenship by descent.

8.

Acquisition of citizenship on marriage. (Repealed)

9.

Citizenship of posthumous children. (Repealed)

10.

Citizenship of foundlings.

11.

Citizenship of adopted children.

12.

Grant of citizenship as token of honour.

13.

Citizenship of persons born on ships and aircraft.

Part III.

NATURALISATION.

14.

Certificates of naturalisation.

15.

Conditions for issue of certificate.

15A.

Naturalisation of spouses of Irish citizens.

16.

Power to dispense with conditions of naturalisation in certain cases.

16A.

Calculation of period of residence in relation to application for naturalisation.

17.

Form of application.

18.

Effect and operation of certificate of naturalisation.

19.

Revocation of certificates of naturalisation.

20.

Acquisition of citizenship by person who is married or a civil partner.

Part IV.

LOSS OF CITIZENSHIP.

21.

Renunciation of citizenship.

22.

Non-effect of death or loss of citizenship on person’s spouse, civil partner or children.

23.

Marriage or civil partnership not to effect loss of citizenship.

24.

Loss of citizenship by operation of foreign law under section 21 of Act of 1935.

25.

Preservation of obligations on cesser of citizenship.

Part V.

GENERAL.

26.

Mutual citizenship rights.

27.

Registry of births abroad.

28.

Certificates of nationality.

28A.

Applications for certificates of nationality by persons to whom section 6A applies.

29.

Extension to all citizens of statutory rights conferred on persons born in Ireland.

29A.

Offences.

30.

Fees payable on declaration.

31.

Collection and disposal of fees.


Acts Referred to

Irish Nationality and Citizenship Act, 1935

No. 13 of 1935

Irish Nationality and Citizenship (Amendment) Act, 1937

No. 39 of 1937

Adoption Act, 1952

No. 25 of 1952


Number 26 of 1956.


IRISH NATIONALITY AND CITIZENSHIP ACT 1956

REVISED

Updated to 10 August 2021


AN ACT TO MAKE PROVISION FOR THE ACQUISITION AND LOSS OF IRISH NATIONALITY AND CITIZENSHIP. [17 th July, 1956.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—